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SANTIAGO v. PETSCHAUER

208 A.D.2d 517 (1994)

616 N.Y.S.2d 1004

Ermelindo Santiago, Appellant, v. John J. Petschauer et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 3, 1994

Ordered that the order is affirmed, with costs.

We find that the Supreme Court properly granted the defendants' motion to dismiss the action pursuant to CPLR 3404 as abandoned because, once the case had remained "marked off" the calendar for over one year, the case was automatically dismissed for neglect to prosecute (see, CPLR 3404; Roberts v Town of Hempstead 206 A.D.2d 466; Nepomniaschi v Goldstein,

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